[ALAC] Content regulation

Fri Apr 15 13:11:27 UTC 2016

Hi, Garth.

The mission of the Compliance Department says clearly that it is "to
preserve the security, stability and resiliency of the Domain Name System
and to promote consumer trust" so it is curious why any representative of
the Compliance Department would negate the consumer trust aspect.  In any
case, I have seen previous discussion about this and I am more interested
in action that would address the problem.

In ICANN different people have different ideas of what consumer trust
means.  Within the Board you will find a diversity of views.  To shift
people's point of view, one has to engage them in discussion and convince
them.  If the ALAC/At-Large is interested in shifting views within the
Board, then it would be worthwhile to develop an issues paper for
discussion with the Board focused on the interaction between Public
Interest and Consumer Trust.

At the operational level, I believe it would be worthwhile for the ALAC to
have a discussion with the new CEO on scope, focus and framework of public
interest response of the Compliance Department.  As a former regulator, he
has the capacity to understand the At-Large concern and point of view.

Best regards,

Rinalia

On Fri, Apr 15, 2016 at 8:34 PM, gbruen at knujon.com <gbruen at knujon.com>
wrote:

> Rinalia,
>
> It's about a lot more than my frustration, it's about nothing less than
> fair and equal access to the process for all Internet users. When ICANN
> seeks to use inclusion of the "end user" in its goal to become the
> independent Internet steward but then does not fulfill its obligation we
> have to vigorously address that problem.
>
> Not only is this a big issue, it is potentially the biggest issue. ICANN
> says "we don't need government oversight" but has no framework or even
> internal will to protect consumers in the absence of government regulation.
> From the horse's mouth, they don't think consumer trust is their
> obligation, so why would they bother to build anything that ensures the
> consumer trust?
>
> However, your explanation points to an inherent problem within ICANN and
> particularly within compliance. What we see over and over is a failure to
> provide adequate process to manage issues (complaints/data) coming into the
> organization. If they are having problems with large commercial entities
> that is a completely separate issue from dealing with pure consumer voices.
> If they are barking at consumer voices in At-Large the same way they do at
> big industry then this is a complete failure to execute the
> multi-stakeholder model. They need to go back to the drawing board and
> start over.
>
> -Garth
>
>
>
> On 4/15/16 3:32 AM, rinalia.abdulrahim at gmail.com wrote:
>
> Hello, Garth.
>
> I appreciate your frustration, but I do not believe Compliance is doing
> all these blogs just to distract people.  They do receive "requests" for
> action on content matters and it is a smaller proportion compared to WHOIS
> inaccuracy complaints, but apparently the effort and time required to
> address the content problems are disproportionately higher, especially when
> the "requests" come from organized and large commercial entities with lots
> of legal resources.  The blogs are part of the effort to address that
> problem through education and awareness.
>
> Regarding staffing, specifically the hiring of the Consumer Safeguard
> Director, which I know you and the At-Large are very concerned about, there
> needs to be follow-up action from Compliance to draw up a job ToR for the
> position and to invite ALAC input.  This is an action item stemming from
> that meeting and the Board will review the status of that action at its May
> meeting.
>
> Best regards,
>
> Rinalia
>
>
> On Apr 14, 2016, at 11:04 PM, "gbruen at knujon.com" < <gbruen at knujon.com>
> gbruen at knujon.com> wrote:
>
> Rinalia,
>
> These blogs are a distraction. There are at-least three explaining in
> painful detail why ICANN cannot regulate content. Yet looking at
> compliance's own statistics on the complaints they receive, their workload
> is clearly consumed with contractual items. One would think that crowds are
> banning on ICANN's doors to get content pulled down.
>
> As if on cue, whenever the compliance director is asked very specific
> questions about staffing, process, etc. he begins discussing "content" when
> no one has brought it up. This is leaning towards a tactic of casting any
> difficult issue ICANN does not want to handle as a "content" issue. It is
> tiresome.
>
> -Garth
>
>
> On 4/14/16 2:36 PM, Rinalia Abdul Rahim wrote:
>
> Blog written by Allen Grogan - could be of interest to the ALAC on registrant
> issues.
>
> See
> <https://www.icann.org/news/blog/icann-is-not-the-internet-content-police>
> https://www.icann.org/news/blog/icann-is-not-the-internet-content-police
>
> Best regards,
>
> Rinalia
>
>
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>
>
> --
> Garth Bruengbruen at knujon.com
> 617-947-3805http://www.knujon.com
> Fisher College, Criminal Justice Division
> ICANN At-Large Advisory Council
> Author: WHOIS Running the Internethttp://www.wiley.com/WileyCDA/WileyTitle/productCd-1118679555.html
>
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>
>
> --
> Garth Bruengbruen at knujon.com
> 617-947-3805http://www.knujon.com
> Fisher College, Criminal Justice Division
> ICANN At-Large Advisory Council
> Author: WHOIS Running the Internethttp://www.wiley.com/WileyCDA/WileyTitle/productCd-1118679555.html
>
>
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